Part 5Debt management and relief

Chapter 4Debt management schemes

Effect of plans etc.

115Presentation of bankruptcy petition

1

This section applies during the currency of a debt repayment plan arranged in accordance with an approved scheme.

2

No qualifying creditor of the debtor is to present a bankruptcy petition against the debtor in respect of a qualifying debt, unless—

a

regulations provide otherwise, or

b

the creditor has the permission of a county court.

3

A county court may give permission for the purposes of subsection (2)(b) subject to such conditions as it thinks fit.

4

The reference to the currency of a debt repayment plan is a reference to the period which—

a

begins when the plan first has effect, and

b

ends when the plan ceases to have effect.